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Is A Federal Minister Superior To A State Governor Constitutionally? - Politics (5) - Nairaland

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Re: Is A Federal Minister Superior To A State Governor Constitutionally? by yousouf1(m): 5:22pm On Apr 17, 2015
the governor has a direct role constitutionally but the minister act on the president role. they are hired and fired by the president.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by porka: 5:23pm On Apr 17, 2015
SLIDEwaxie:
I will make this as simple as possible for u guys:

A state govnr is in charge of his state, a minister is in charge of his office that deals with every state of the federation.

A minister of education can say we shall operate a 3-4-5 system of eduction and all the state commissioners who are answerable to the state govnr must comply.

The state will work on regulations while the law will still prevail.

A Govnr seems higher than a minister because he is not answerable to a minster, but indirectly, he is.

Take for example, if the finance minister says all state accounts must be audited every month, no state govnr will refuse to comply. Their finance commissioners must submit an audit of the state to the ministry of finance. The audit must have the ascent of the state govnr so, indirectly, a state govnr answered to a minister.

Think abt it.

So, in recapitulation, a govnr cannot override a minister's order, but a minister can override a state's regulation as long as it doesn't confirm with the laws laid down thru his office.
undecided

Your submission is inaccurate.

The minister of finance cannot order for the audit of the state. (Haba! In Nigeria? Do you mean state governors are that dull? In Nigeria that some state governors have challenged the EFCC's powers over their affairs?)

On policy matters, there are concurrent and exclusive matters in the constitution. It is just for administrative convenience.

Be that as it may, the following are to be considered - some have been mentioned already;

a) State governors are elected - Ministers are appointed

b) State governors can only be removed by political and judicial process - Ministers can be removed by administrative process (Obasanjo allegedly had his ministers sign an undated resignation letter, he merely put the date at the time of his own chosen)

c) State governors are sworn-in by the judiciary after elections - Ministers are subject to confirmation hearings at the Senate before being sworn-in by the president if approved

d) State governors are responsible for the state budgets - Ministers advise the president on his budget

e) State governors control some 'secret' funds called - the Security Vote - Ministers do not have such financial leaverage

f) State governors are members of the Council of State; the highest decision making organ in Nigeria - Only the Attorney General and Minister of Justice is a member of this body among the ministers

g) State governors enjoy immunity from prosecution while in office - Ministers can be sued while in office

h) State governors lead their constituencies - Ministers head ministries

i) A state governor may insult the president everyday if s/he chooses (the president may move against him through orchestrated impeachment process which may or may not succeed) - a minister must 'bow down and worship' the president every breaking of day in order to keep his/her job

1 Like

Re: Is A Federal Minister Superior To A State Governor Constitutionally? by porka: 5:40pm On Apr 17, 2015
sammy455:
I go tru many coment..i don't understand how state government is now higher in rank...than d federal government.
d center government control every other gov't in d country..yes, a Governor is elected by d people..and he control many resources than d minister, but, that does not mean d Governor is more in rank than d minister..no"
let say, d military for example...a civilian defense minister appointed by d president...and al d service chiefs report to him, he in turn report to d president...
any policy made by any minister affect every state..thats y today if a country fail, people blame d president..and who make d president fail, d ministries and their policies,..

You are contradicting yourself.

No one blames the ministers for the president's failure because he appoints and can change them when he notices that they are not performing well.

But everyone in the state blames the governor for gross mal-administration as the case may be.

It is the president's and state governors' pictures that are hung in public places like banks and not the minister of finance's.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by gabrielmorinho(m): 5:41pm On Apr 17, 2015
The state governors are elected members or leaders in their respective States of the federation. The people's choice! All things being equal.

The ministers are APPOINTEES of the President subject to disappointment.

We have only 36 governors in the Federation and
We have almost 50 ministers, if not more, in the Federation.

In a democratic government like Nigeria, the choice and wish of the people should be the priority. Democracy has been enshrined in to the nigerian constitution. Therefore, constitutionally, the Governor is superior to the Minister. This is nothing but the TRUTH.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by BodePolScience: 5:55pm On Apr 17, 2015
989900:


Including Diezani? wink
well, the cabals could be an exception.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by Franky9584(m): 5:57pm On Apr 17, 2015
Constitutionally, a minister z placed higher dan a governor but monetarily, Governor pass minister
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by jadakiss213(m): 6:47pm On Apr 17, 2015
omeddy:
By the constitution, the President, VP, Senate President, Speaker of the house of Rep and all 36 Governors enjoy immunity . They cannot be prosecuted while in office. However, the governors are very powerful in Nigeria because the constitution receognizes them. A minister is often nominated by a Governor to work with the president.
Oga,the senate president and house of rep speaker do NOT have any immunity from both civil and criminal proceedings..Technically,the Governor is superior to a Federal Minister,but by protocol,I think the Federal minister comes first..He is a representative of the President,his actions and inactions are credited to the Presidents.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by kaboninc(m): 7:13pm On Apr 17, 2015
vivaciousvivi:
Ahhhhhhh. Interesting

Yeah
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by kaboninc(m): 7:23pm On Apr 17, 2015
gabrielmorinho:
The state governors are elected members or leaders in their respective States of the federation. The people's choice! All things being equal.

The ministers are APPOINTEES of the President subject to disappointment.

We have only 36 governors in the Federation and
We have almost 50 ministers, if not more, in the Federation.

In a democratic government like Nigeria, the choice and wish of the people should be the priority. Democracy has been enshrined in to the nigerian constitution. Therefore, constitutionally, the Governor is superior to the Minister. This is nothing but the TRUTH.


We do not have about 50 ministers or more. Stop using your opinions as facts.

Secondly a Minister being a representative of the Federal Government makes him come first in any gathering he's representing the President including a situation where by the Governor is present.

Thirdly the constitution is silent about who is superior - between the Governor and a Minister just like comparing who is superior between a House of Representative member a and Senator.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by Mbediogu(m): 7:26pm On Apr 17, 2015
BekeeBuAgbara:
A minister resigns to contest for governorship election not the other way round, president controls a minister but can't control a governor.

By protocol a minister is a federal officer and would arrive after governors are seated in state functions. However in terms of power be it monetary, political, etc the governor prevails.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by Nobody: 7:42pm On Apr 17, 2015
Mbediogu:


By protocol a minister is a federal officer and would arrive after governors are seated in state functions. However in terms of power be it monetary, political, etc the governor prevails.

. . . . . . . .wrong . . . . .by protocol/order of precedence, a governor will arrive after the minister is seated (unless the minister is representing the president or vice) . . . . . Check the order of precedence act my friend (or you can scroll to my earlier response)
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by vivaciousvivi(f): 8:04pm On Apr 17, 2015
barcanista:
I'm fine dear. Where have you been? Been looking 4 yu kiss

Eh hen....so you can actually be level-headed? That's good to know.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by makazona(m): 8:30pm On Apr 17, 2015
A federal Minister is an appointed official whose boss is the president. but the state Governor is elected and owes allegiance to his people.
This means that in the scheme of things, a minister is the president's messenger and is respected because of the president who they represent.

But the Governor has a superior constitutional power more than a federal minister (in Nigeria)
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by kaboninc(m): 8:37pm On Apr 17, 2015
makazona:


But the Governor has a superior constitutional power more than a federal minister (in Nigeria)

Superior?

Where in the constitution?
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by Nobody: 8:41pm On Apr 17, 2015
vivaciousvivi:


Eh hen....so you can actually be level-headed? That's good to know.
I've always been level headed na... tongue
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by sobmos(m): 8:52pm On Apr 17, 2015
misterh:
Then, why did Obanikoro and Woke resign their ministerial appointments to contest for governors in their states? The governos have more access to funds than ministers.
bros you said access to funds. I said basic salary. Check well,the minister earns more basic salary than the governor. But the governor has more power,he's the head and oga patapata of a whole state! E no easy. Na him be god for the state.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by Obiagu1(m): 8:59pm On Apr 17, 2015
HonEmeritus:
Please Nairalanders, we are arguing about who is more superior constitutionally between the State Governor and a Federal Minister. Your contribution will be highly appreciated. Thanks

A minister is higher in hierarchy than a state governor in most countries.

A minister is in line of succession to the President while a state governor is not.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by specco(m): 9:01pm On Apr 17, 2015
Op are you apc from Rivers state? Want to know whether Gov. Wike will be superior to Minister Amaechi? You have heard it.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by Mbediogu(m): 9:15pm On Apr 17, 2015
torkaka:


. . . . . . . .wrong . . . . .by protocol/order of precedence, a governor will arrive after the minister is seated (unless the minister is representing the president or vice) . . . . . Check the order of precedence act my friend (or you can scroll to my earlier response)

I think u are right. I am happy to learn. That is one thing we gain from social media interactions.

1 Like

Re: Is A Federal Minister Superior To A State Governor Constitutionally? by makazona(m): 11:23pm On Apr 17, 2015
kaboninc:


Superior?

Where in the constitution?

147. (1) There shall be such offices of Ministers of the Government of the Federation as may be established by the President.
(2) Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.
Here, the law puts the minister as a sub set or part of the president's representative in different ministeries and charged with delegated duties to be done on behalf of the president. if he fails, the president is blame for the failure of the minister. the law require less from a ministerial appointee. see 147(5).

but for Governor, the law requires a lot from him/her as stipulated here:
182. (1) No person shall be qualified for election to the office of Governor of a State if -
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or
(b) he has been elected to such office at any two previous elections; or
(c) under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or
(d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment for any offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or
(e) within a period of less than ten years before the date of election to the office of Governor of a State he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria; or
(g) being a person employed in the public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days to the date of the election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government; or
(j) he has presented a forged certificate to the independent National Electoral Commission.
(2) Where in respect of any person who has been
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced or declared bankrupt,
(d) adjudged or declared bankrupt,

Yes the law did not overtly specify the superiority of one over d other because:
1. We are running a presidential system where the powers of each tier of government are specified.
2. The minister is a representative of the president and that "makes" others respect them (not because they are superior)
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by toltee4real: 11:45pm On Apr 17, 2015
I wud want to look at the ffg angles:
1. Security of job.........Govs job are more secured than Fed Ministers,atleast 4yrs is assured once u are elected as Govs but d reverse is d case 4 Fed Minister as NO MINISTERS can bost of staing in office for 4yrs.
2. IMMUNITY.... Govs are protected by law unlike Fed Ministers....
3. Govs oversees several ministries while Fed Ministers are only meant for ONE ministries
4. Govs are TERRITORIAL COMMANDERS while Fed Ministers have no TERRITORY to command.
Joo emafiku woorun................pls no compare death with sleep.
GOVS 3 much.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by Sirchucks(m): 6:43am On Apr 18, 2015
HonEmeritus:

I disagree with your submission. Was Ibrahim Shekarau, the current Minister of Education, not a former Governor in Kano?
u minister or governor chose one
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by pasol4real(m): 9:45am On Apr 18, 2015
It all depends on the situation, Some ministers cud be more powerful than à state governor even while in that state .For instance ,wike was more powerful than amaechi in rivers state .No governor was as powerful as okonjo n allison madueke in Nigeria. So it all depends.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by jydeskill1(m): 10:11am On Apr 18, 2015
A Governor will always be more superior to a federal minister in a true federalism. No matter hominuteful okonjo, alinson and wike can be, they can be sacked within minute.
Re: Is A Federal Minister Superior To A State Governor Constitutionally? by Albishir: 11:03am On Apr 18, 2015
It's just a simple answer, the minister is an appointive position while governorship is elective and that makes the governorship executive.

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